EFTA Document EFTA01659874

12/05/07 WED 15:23 FAX 1 213 880 8500 KIRKLAND&ELLIS LLP It 001 KIRKLAND & ELLIS LLP Fax Transmittal 777 South Figueroa Street Los Angeles, California 90017 Phone Fax- Please notify us Immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY AT: To: lion. It Alexander Acosta Company: Fax N: Direct 0: United States Attorney's Office Southern District of Florida From: Kenneth W. Starr Papas Date: Fax #: Direct #: %alcove: December 5, 2007 3 Message: EFTA01659874 12/05/07 NED 15:24 FAX 1 213 680 8500 KIRKLAND&EI.I.I S LIT 41 00 2 KIRKLAND & ELLIS LLP &NO AMIIATID INL110.11941/1 777 South Figueroa Sent Loa Angelo. California 90011 Kenneth W Starr VIA FACSIMILE (3051 530-6444 Honorable IL Alexander Acosta United States Attorney United States Attorney's Office Southern District of Florida 99 NE 4th Street Miami, FL 33132 Re: Jeffrey Eostein Dear Alex: (213)680-8400 wont hirldand.com December 5, 2007 We are in receipt of your letter faxed to Jay on December 4 and faxed to Ken today in Los Angeles, and write to inform you that we will respond in fall to that letter no later than Friday, December 7. We take this opportunity to address a few of the initial issues. First and foremost, we reaffirm the Non-Prosecution Agreement (the "Agreement"). Mr. Epstein has no intention of unwinding the Agreement. Indeed, he has already performed under the Agreement by directing his lawyers to urge the State of Florida to allow him to plead guilty to crimes more egregious than the State believes he committed, and to sentence him more harshly than the State still believes is appropriate. However, as you know, we take serious issue with your staff's interpretation and implementation of the Agreement, in particular the use of Section 2255, but also other aspects of your office's investigation and prosecution of this matter. As we have expressed to you on prior occasions — where you have made clear you have no objection — we hope to address these issues with Assistant Attorney General Fisher in Washington. Second, your letter makes reference to "certain filings" that you state are due to your Office by December 7 and to "certain events" that must occur before December 14. We have no knowledge of any such deadlines and in fact do not know what filings and events to which you are referring. Please let us know what the December 7 and December 14 deadlines are, if any, so that we can make sure to comply with them. EFTA01659875 12/05/07 WED 13:24 FAX 1 213 680 8300 MIRK12O.DiELLIS LLP PI 003 Honorable It Alexander Acosta December 5, 2007 Page 2 Finally, you state that you intend to issue the victim notification letters on Friday, December 7. However, in a discussion late last week betweenillaind Lilly Ann Sanchez, dialed that your Office would send us a revised version of the notificatiol. ette lfh whi we have not received to date. , While we believe that it is wholly inappropriate for your Office to send this letter under any circumstances, it is certainly inappropriate to issue this letter without affording us the right to review it. We strongly urge that you withhold the notification letter until after we are able to discuss this matter with Assistant Attorney General Fisher. Kenneth W. Starr cc: Honorable Alice Fisher, Assistant Attorney General EFTA01659876